The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-15
MR., MEAGHER,S CASE,

Mns MbdOabhD OAOds
The House of Representatives yesterday,
by vote of 81 to 80, the latter all Democrats,
unseated Mr.. Meagher, Of Vigo county, and |
seated his opponent, Mr.. Dickerson, who is
Republican and knight of Labor. The |
ground upon which Mr. Meagher was unseat- |
ed was that of his ineligibility, by reason of
an election to the office of justice of the |
peace. The Constitution of the State pro-
vides that no person elected to a judicial Of |
flee shall be elected to any other Of
fee during the term for which he
was so elected. This is a plain, un-
equivocal provision, and one that has been
enforced against men Of all political faiths at
various times, and when no question of the
value Of votes to the one side or the other
could possibly be involved. It is purely
legal question, and as such the Republicans
treated it, and have disposed Of it. Mr..
Meagher was elected justice Of the peace;
of that there is no question. He took the
oath of Office and filed his official bond of
that there is no question. They are matters
of record The claim was that Mr. Meaeher
had never actually acted as a JUSTICE that the
Board Of County Commissioners had re-
duced the number of justices so as to exclude
Mr.. Meagher from office, and that the term of
! the man whom he was to succeed did not end
| until the 9th of November, four days after
Mr.. Meagher was elected representative.
| 1t will be observed that these defenses do
| not agree with each other; and that none of
them Is good is settled beyond doubt In the
| first place, the Supreme Court has definitely
decided that taking the oath and filing the
bond is au Gentry upon the Office
and so Mr. Meagher entered upon the
Office of justice of the peace; whether
| he ever tried case or discharged any official
| function is not material. In the second place,
| not only did the order of the Board of County
| Commissioners reducing the number of
| justices specially exempt Mr.. Meagher from
| its operation, but the statute of the State ex-
pressly forbids such an order affecting any
And in the third place, the commission Of the
man who it is claimed, Mr.. Meagher was to
succeed, was dated Oct. 90 and his term
therefore, expired three days at least before
the election at which Meagher was elected as
Representative.
Mr. Meagher's ineligibility was an open and
notorious one, one the people themselves had
imposed upon him, and which they were
bound to know. The votes, therefore, cast
for him were thrown away, and the man re-
ceiying the next highest number of votes is
entitled to the Office. This is the unbroken
line Of decisions in the State of Indiana, and
is In harmony with the common law.
Besides this, the Democrats were perfectly
aware Of Mr.. Meaghers ineligibilty at
| the time Of his nomination. 1t was can.
| vassed then and at other times during
the canvass, but they were afraid
to remove him from the ticket, and believed
they would have large majority in the
House that his seat would be protected by
party friends for party reasons. In this they
reckoned without their host This is a plain
statement of the case of Cornelius Meagher,
and it shows that there was no politics in it;
and, although an effort was made to array the
Knights of Labor in his defense, not one of
them voted in his favor, except those who voted
for him because he was Democrat. If, for the
| action toward Mr. Maapher the Demncra rio
majority in the Senate arbitrarily throw out a
Republican Senator merely as a retaliatory
measure, the people of the State will have an
other instance of the unconstitutional, illegal
J and revolutionary character Of the mob whose
chief business has been to steal an office and
overturn the result Of popular election.
THE Southern district of New York, the
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